Abdul Salam vs Pattazhi Vadakkekkara Muslim ...
2021 Latest Caselaw 11051 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                   &

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                        WP(C).No.6314 OF 2021(L)


PETITIONERS:

      1         ABDUL SALAM
                AGED 52 YEARS
                S/O. BASHEER RAWTHER, THIRUVAMNGALATH VEETTIL, ERATH
                VADAKKU CHELIKUZHI P.O, NEDUMON (VIA) PATHANAPURAM,
                KOLLAM PIN 691 556

      2         SHEREEF KHAN,
                AGED 51 YEARS
                S/O. SHAMSUDHEENKUTTY RAAWTHER, ARUVIKKARA VEETTIL,
                KADUVATHODU, ERATH VADAKKU CHELIKUZHI P.O, NEDUMON
                (VIA) PATHANAPURAM, KOLLAM PIN 691 556

                BY ADV. SRI.T.R.RAJAN

RESPONDENT/S:

      1         PATTAZHI VADAKKEKKARA MUSLIM JAMA-ATH
                REPRESENTED BY ITS PRESIDENT, ERATH VADAKKU
                CHELIKUZHI P.O, NEDUMON (VIA) PATHANAPURAM, KOLLAM
                PIN 691 556

      2         SHAHUL HAMEED RAWTHER,
                PRESIDENT, PATTAZHI VADAKKEKKARA MUSLIM JAMA-ATH,
                S/O. IBRAHIMKUTTY,M MALOOR COLLEGE P.O, KOLLAM PIN
                689 695

      3         SALIM
                SECRETARY, PATTAZHI VADAKKEKKARA MUSLIM JAMA-ATH,
                S/O. SULAIMAN RAWTHER, NIYAS MANZIL, VILAYIL VEEDU,
                ERATH VADAKKU, CHELIKUZHI P.O, NEDUMON (VIA),
                PATHANAPURAM, KOLLAM PIN 691 556

      4         RETURNING OFFICER,
                PATTAZHI VADAKKEKKARA MUSLIM JAMA-ATH, ERATH VADAKKU
                CHELIKUZHI P.O, NEDUMON (VIA0, PATHANAPURAM, KOLLAM
                PIN 691 556
 W.P.(C)No.6314/2021              2

       5       THE KERALA STATE WAQF BOARD,
               REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P
               ROAD, KALOOR, KOCHI PIN 682 017

               R1-2 BY ADV. SRI.MANOJ RAMASWAMY
               R4 BY ADV. SMT.C.B.SABEELA
               R5 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.6314/2021                     3




                                  JUDGMENT

A.K. Jayasankaran Nambiar, J

Pursuant to the order dated 15.3.20201, it is brought to our notice

through an affidavit filed on behalf of the 4 th respondent that the

petitioners were included in the final voters list and the same was

published and thereafter the nominations submitted by the petitioners

were accepted and they were allowed to contest in the election on

21.3.2021. That the votes polled against each candidate have since been

counted, but the results have not been declared yet out of deference to

the order passed by this Court on 15.3.2021.

Taking note of the averments in the affidavit filed on behalf of the

4th respondent and the submissions of the learned counsel for the writ

petitioners, we deem it appropriate to close the writ petition by making

the interim order absolute and recording the averments in the affidavit

filed on behalf of the 4th respondent and by directing that the results of

the election shall be published by the respondents forthwith.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 16-10-

2018 IN OP NO. 130 OF 2015 OF THE FIFTH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 5-1-2021 IN WOA NO. 100/2019 OF THE WAQF TRIBUNAL, KOZHIKODE

EXHIBIT P3 TRUE COP[Y OF THE ELECTION NOTIFICATION DATED 5-3-2021 ISSUED BY THE FOURTH RESPONDENT

EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 6-3-

2021 SUBMITTED BY THE FIRST PETITIONER BEFORE THE FOURTH RESPONDENT

EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 6-3-

2021 SUBMITTED BY THE SECOND PETITIONER BEFORE THE FOURTH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 7-3-2021 ISSUED BY THE FOURTH RESPONDENT.